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1958 Supreme(Cal) 95

P.B.MUKHARJI
ALUMINIUM CORPORATION OF INDIA LTD. – Appellant
Versus
REGIONAL PROVIDENT FUND COMMISSIONER – Respondent


P. B. MUKHARJI, J.

( 1 ) THIS is an application by the Aluminium Corporation of India Ltd. under Article 226 of the Constitution. The company complains against an order of the Government, dated 23rd October, 1957 No. R-1237/wb/6983 addressed by the Regional Provident Fund Commissioner at 28, Theatre Road, Calcutta to the Manager of the Aluminium Corporation of India Ltd. This order is purported to be made under Section 19-A of the Employees Provident Funds Act, 1952.

( 2 ) THE material part of that order of the Government of India reads as follows :"it has been decided by the Government of India under Section 19-A of the Employees' Provident Funds Act, 1952 that your factory will come under the purview of the Employees' Provident Funds Act, 1952 and the Scheme framed thereunder with effect from 1st November, 1952. You are requested to comply with all the provisions of the said Scheme with effect from that date. As regards payment of contributions for the pre-discovery period (i. e. from 1st November, 1952 to 31st October, 1956) you are required to pay the employers' share of contributions and administrative charges on both the shares (employers' and employees') together with dama

























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